An Important Class Issue the High Court Left Unresolved

February 22, 2019

TCPA Blog

TCPA Blog contributors Mike Daly, Matt Fedor and Andy Van Houter authored “An Important Class Issue the High Court Left Unresolved” for Law360.

In its ruling in Campbell-Ewald Co. v. Gomez, the Supreme Court found that an unaccepted offer of judgment made under Federal Rule 68 does not moot a plaintiff’s claim. But the Court expressly left open the possibility that actually tendering funds to an individual plaintiff could moot the claims. Two circuit courts, however, have recently found that a tender cannot moot the claims, with rulings in Fulton Dental LLC. v. Bisco Inc. and Radha Geismann, M.D. PC v. ZocDoc Inc. Continue reading »

FCC First Report on Illegal Robocalls

February 15, 2019

Qiusi Y. Newcom

Call Spoofing, FCC, Robocalling

On February 14, 2019, the FCC’s Consumer and Governmental Affairs Bureau released its first report on illegal robocalls (“the Robocall Report”) to address the “onslaught of unwanted calls that has led a lot of consumers to stop answering the phone altogether.” This report is compiled based on data points from more than forty comments submitted by voice service providers, trade associations, analytics companies, and consumers. The Robocall Report provided summary analysis on the following issues:

FCC Adopted Proposed Amendment to Truth in Caller ID Rules

February 15, 2019

Laura H. Phillips and Qiusi Y. Newcom

Ajit Pai, Caller ID Spoofing, FCC Actions, NPRMs, RAY BAUM's ACT

Since Chairman Ajit Pai took office, combatting illegal robocalls and malicious spoofing has become the FCC’s top consumer protection priority. In anticipation of yesterday’s Open Commission Meeting, Chairman Pai issued another press release on Wednesday, calling for “a robust caller authentication system to combat illegal caller ID spoofing” and criticizing carriers that lacked commitment to deploy the SHAKEN/STIR framework by the end of 2019. Between Chairman Pai’s 2018 demands that the FCC make real progress in call authentication and yesterday’s Open Meeting to vote on its draft Proposed Rulemaking to amend existing Truth in Caller ID Rules, Chairman Pai solicited details from several large telecommunications carriers about their caller ID authentication plans. These carriers’ submissions are available here.
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